O'Malleys Found Guilty of Animal Cruelty, Given 1-Year Probation

A jury found a Polk City couple guilty Friday on animal cruelty charges stemming from the largest animal seizure case in the history of the Polk County Sheriff's Office.

By JASON GEARYTHE LEDGER

BARTOW | A jury found a Polk City couple guilty Friday on animal cruelty charges stemming from the largest animal seizure case in the history of the Polk County Sheriff's Office.

The jury's decision ends a highly contentious case that has been brewing for more than two years.

Deputies seized 261 dogs from the home of Charles and Diane O'Malley in May 2010, saying the animals were living in deplorable conditions and their health was suffering.

Prosecutors said the O'Malleys didn't purposefully abuse any of their dogs, but their conduct became criminal when caring for so many animals proved too much for them.

The O'Malleys were operating a nonprofit dog rescue on their five-acre property on Angus Road. Their lawyer argued the home was dirty but not inhumane.

Although the O'Malleys originally were arrested on 261 charges related to 261 dogs, the State Attorney's Office reviewed the case and reduced the number and changed the type of charges against them.

Each faced 10 counts of "cruelty to a dog" related to the condition of 10 individual dogs taken from their home.

This week's trial was finished after jury discussions went into Friday evening.

Jurors began deliberations at 3:45 p.m. and were finished by about 6:20 p.m.

They found the O'Malleys guilty on eight counts, but acquitted them on two others.

The maximum punishment for each misdemeanor charge was a year in jail.

Prosecutors did not ask for incarceration, but urged Polk County Judge Barry Bennett to sentence the O'Malleys to eight years of probation with a specific condition that they not own any animals.

Instead, the judge ordered the O'Malleys to serve a year of probation with the condition that they not possess any animals — except for one bull named "Bob" that has been allowed to live on their property while the criminal case has been pending.

The judge also ordered that the couple undergo mental health evaluations and follow any recommended treatment.

Bennett agreed to withhold adjudication, meaning the O'Malleys will not have a criminal conviction on their records.

During Friday's closing arguments, Mitchell Ladner, a lawyer representing the O'Malleys, insisted his clients weren't criminals, but good people who were trying to find new owners for abused, neglected, sick and unwanted dogs so the animals wouldn't be euthanized.

Over the years, the O'Malleys found homes for more than 700 dogs, according to court testimony.

"What they are guilty of is compassion," Ladner told jurors. "They may not get the award from Better Homes and Gardens."

The couple were basically living in a "doghouse" because they let dogs freely roam throughout their home, and it would get dirty, he said.

However, they tended faithfully to the dogs' needs and developed a daily routine to care for them, Ladner said.

"These people were tending to the medical needs of these dogs," he said. "These people were housing the dogs, feeding the dogs, (and) watering the dogs. They even played with the dogs."

Charles O'Malley testified that he and his wife paid for expensive treatments from specialists to address serious health problems in some dogs.

"We felt it was the true and ethical thing to do," he said.

Ladner criticized the Polk County Sheriff's Office and Animal Control for not conducting a thorough investigation. He said they didn't question the O'Malleys about how they took care of the dogs, but made a hasty decision to seize all of the dogs without giving them time to correct any deficiencies at the rescue.

Earlier this week, the judge agreed that the investigation was virtually nonexistent, but ruled that there was enough evidence for jurors to consider.

A hearing will be held later this month to determine whether the O'Malleys must pay any investigative costs.

All the dogs seized were sent to A New Beginning Pet Rescue, which has found homes for all but 35 of them.

[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. ]